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T017 EOT
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T017 EOT
DEFINITION
- Adjusts the completion date and relieves the contractors liability to pay liquidated damages for the period of the extension
JCT
- JCT SBC Clauses 2.26 - 2.29
- PROCEDURE
- When delay is apparent/likely - MC write to CA to notify
- Notice should identify cause - related to RELEVANT EVENTS & length of delay
- Give any other info required from CA/arch
- CA/Arch must notify MC of decision in writing
- either extending the completion date (stating the ampount if any i ddt form application) or confirming no EOT is granted
- TIME PERIODS
- CA/Arch has 12 wks from notification to decide on EOT
- if less than 12wks to PC - CA should endevour to make a decision b4
- CA/arch has 12wk after PC top review any previous EOT claims to award anything further
- RELEVANT EVENTS
- Events that entitle MC to EOT
- 13 EVENTS
- DIS SSA FSS VIA
- Deferment of possession
- Impediment by emp
- Suspension for non-payment
- Statutory Powers excercises from UK gov
- Adverse Weather
- Force majure
- Strike/ lock out
- Statutory Authority works
- Variations
- Instructions
- Approx quants - inaccurate forecast
- REDUCTION IN EOT
- RELEVANT OMISSION
- you can reduce EOT if works have been omitted from the contract - notify the MC of each reduction
- PRE-AGREE ADJUSTMENT
- Agreement with emp and MC but Ca cannot fix a date earlier than the date for completion in contract particulars
- RELEVANT OMISSION
- ASSESMENT
- CA has NO right to grant EOT for anything not related to RELEVANT EVENTS
- Assess each delay on the contract date
- CA can use contractors programme (not binding) the effect of progress is assessed in relation to the work being carried out at the time of the delaying event
- CONCURRENT DELAYS
- 2/more delaying events can happen simultaneously/overlap and its difficult to decide where the EOT award lies
- where concurrent delays have two or more RELEVANT EVENTS it has be customary to grant the EOT to the dominant cause
- judge each event on its merits
- tests for determining the prevailing Delay
- “but for”
- Devlin approach
- dominant cause
- PROGRAMME FLOAT
- No clear rule over who ow the programme float - generally belongs to the contractor
- The MC normally inc float in his programme 2 accommodate his risk items and also provide time for correcting mistakes THEREFORE the actual impact of delay should be considered
ADVANTAGES OF EOT
- Relieves MC liability 4 LD 4 delay that they did not cause
- It enables another completion date to be set, which maintains thee employers ability to take liquidated damages if another delay occurs
TIME IS AT LARGE
- No set completion date
- MC only obligation to finish the works in a reasonable time
- LD's cannot be levied
- Emp would have to try and prove the MC had not completed in a reasonable time through courts
CULPABLE DELAY
- MC delay is called 'culpable delay' when they go post the date for completion because they are culpably for LDS
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- T017 & T016 Mind Map on T017 EOT, created by alison_patey0437 on 07/05/2013.
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- alison_patey0437
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